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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9983
Experience:  30 years as a practising solicitor.
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myself and my two sisters and my bother have an equal share

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myself and my two sisters and my bother have an equal share in my mothers house,she is still alive living at the brother is trying to make us buy his share in the property but we do not wish to do so.can he sell his share in the house to anyone he wants? or make us buy his share.we have had several letters from a solicitor saying he is taking the matter further,but what can he do?
Thank you for your question.

He can't insist that you buy his share but if you don't he can sell his share to someone else (if they will buy it).

More realistically, he can apply to the court to have the property sold and the proceeds divided equally. For that reason you should seriously consider buying him out. The general legal principal is that no person is bound to own property with others if they don't want to, so his application to the court to have the property sold is likely to be granted.

As this would be catastrophic for your mother you really have to find a way of getting rid of his interest in the house.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.

so even tho my two sisters are my mums powers of attorney he can take us to court and have them do this?

As I understand the position the four children are the owners of the house. A power of attorney would not be relevant nor would your mothers occupancy of the house.
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